‘F**k you, we won’t be intimidated’: Rep Gallego blasts Hegseth over Pentagon probe into Sen Kelly

Key Concepts

• Misconduct Claims Review: The Pentagon's investigation into Senator Mark Kelly for potential misconduct.
• Court Martial: A military trial to determine guilt or innocence of an accused service member.
• Illegal Orders: Directives from superiors that violate established laws or the Constitution.
• Uniform Code of Military Justice (UCMJ): The body of federal law that governs the U.S. armed forces.
• Nuremberg Defense: The legal principle that following an order is not a defense if the order was illegal.
• Recall to Active Duty: The ability of the military to order retired service members back into active service.
• Department of War (Pentagon): The executive department responsible for the U.S. Army and its operations.
• Seditious: Inciting rebellion or resistance against lawful authority.

Pentagon Review of Senator Mark Kelly's Conduct

The Pentagon confirmed on November 24th that it is reviewing misconduct claims against Senator Mark Kelly. This review is to determine if he should be recalled for a court-martial. The investigation stems from his participation in a video alongside other lawmakers, urging service members and intelligence officials to refuse illegal orders.

The "Refuse Illegal Orders" Video

Senator Mark Kelly was one of six Democratic lawmakers who released a video advocating for military personnel and intelligence officials to reject any illegal orders. The lawmakers argued that such actions are crucial for protecting the Constitution. The video featured individuals with diverse military and intelligence backgrounds, including:

• Senator Alyssa Slotkin
• Senator Mark Kelly (retired Navy Commander)
• Representative Chris Duzio
• Congresswoman Maggie Goodlander
• Representative Chrissy Hulahan
• Congressman Jason Crowe

The participants emphasized that service members have a right and a duty to refuse orders that violate the law or the Constitution. They stated, "Our laws are clear. You can refuse illegal orders. You can refuse illegal orders. You must refuse illegal orders. No one has to carry out orders that violate the law or our constitution." The video aimed to reassure service members that they have support and that their vigilance is critical.

Senator Ruben Gallego's Strong Reaction

Senator Ruben Gallego expressed outrage on X (formerly Twitter) following the news of the Pentagon's investigation into Senator Mark Kelly. He vehemently criticized Secretary Pete Hegseth and the Trump administration, accusing them of targeting Kelly. Gallego stated, "Hey Pete, we won't be intimidated." He shared a video expressing his disbelief and calling the situation "insane." Gallego asserted that the actions of the administration were indicative of fascist tendencies and an attempt to grant excessive power to the president. He defended Kelly as a patriot who was simply reminding service members of their rights. Gallego warned Secretary Hegseth and others that they would not be able to intimidate them and that service members have a right to defend the Constitution and ignore illegal orders.

Warning of Consequences for Military Personnel

Senator Ruben Gallego further warned military service members about potential repercussions if they allowed Senator Mark Kelly to be court-martialed. He told CNN that he trusts the military and justice system to handle the case fairly, but also cautioned that officers attempting to "railroad" Kelly would face consequences. Gallego specifically stated that Donald Trump would be out of office in a couple of years, and those involved in the "weaponization of the government" would face consequences.

Trump Administration and White House Response

Former President Donald Trump characterized the lawmakers' actions as "seditious" and even called for the death penalty, which drew significant backlash. The White House also voiced support for the Pentagon's investigation into Senator Mark Kelly. A White House spokesperson stated, "The White House is supportive of the Department of War's investigation into Senator Mark Kelly." The administration's perspective was that the video was an attempt to intimidate the 1.3 million active-duty service members. They argued that service members are expected to respect the chain of command and that all lawful orders are presumed legal. The administration contended that the lawmakers were encouraging disorder and chaos within the ranks and that they could not point to a single illegal order issued by the current administration.

Legal Basis for the Investigation

The Department of War's review is based on serious allegations of misconduct against Captain Mark Kelly, USN retired. According to the Uniform Code of Military Justice (UCMJ) and other applicable regulations, specifically 10 U.S. Code section 688, retired service members can be recalled to active duty. The review aims to determine further actions, which could include recall for court-martial proceedings or administrative measures. The Department of War emphasized that the matter would be handled with due process and impartiality.

Jurisdiction and UCMJ Applicability

Secretary of War Pete Hegseth clarified that the investigation specifically targets Mark Kelly because, as a retired Navy commander, he is still subject to the UCMJ. He noted that five of the six individuals in the video were not under the Department of War's jurisdiction: one was from the CIA, and four were former military but not retired, thus no longer subject to the UCMJ. Hegseth described the video as "despicable, reckless, and false," arguing that encouraging service members to ignore orders undermines discipline and puts them in danger.

Senator Kelly's Response

Senator Mark Kelly responded to the investigation by highlighting his decades of military service and referencing Trump's comments. He stated on X, "If this is meant to intimidate me and other members of Congress from doing our jobs and holding this administration accountable, it won't work. I've given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution."

Legal Precedent: Refusing Illegal Orders

The transcript reiterates that troops are required to follow only lawful orders in accordance with the UCMJ. Following an order that might violate the law can expose service members to prosecution. This is based on the legal precedent that receiving an order alone is not a defense, a concept colloquially known as the "Nuremberg Defense," which was used by Nazi leadership after World War II.

Synthesis and Conclusion

The core of this YouTube transcript revolves around the Pentagon's investigation into Senator Mark Kelly for potentially encouraging military personnel to refuse illegal orders. This action, initiated by the Department of War under Secretary Pete Hegseth, is framed by critics, particularly Senator Ruben Gallego, as a politically motivated attempt to intimidate lawmakers and suppress dissent. The lawmakers involved in the video maintain that their message was about upholding the Constitution and reminding service members of their rights. The legal basis for the investigation lies in Senator Kelly's retired status, making him subject to the UCMJ and potential recall to active duty. The situation highlights a significant tension between the administration's view of military discipline and the lawmakers' assertion of constitutional rights and the imperative to refuse unlawful directives. The debate underscores the critical importance of distinguishing between lawful and illegal orders within the military and the potential legal and political ramifications of such actions.